Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Hello Ben I started in July last year and I have just had my first temporary 6 months contract extended until this july when they will make a decision if to set me on or not. at my last renewal the transport manager wanted to set me on there and then because of all the good work I had done but her hands were tied and could not due to it being the company having to be able to fit it in with their business structure.
ok thanks leave it with me please I will get back to you this evening with a full response
Thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So in these circumstances the employer can take the disciplinary action they have proposed and force you to resign or even dismiss you because of this and you would not be able to challenge this.
You mention they have not followed the three step procedure but that is old law, it was removed quite a few years ago. Even then, it would not have applied to you a it is only relevant to those with the minimum service of 2 years, which you do not have.
So in terms of any legal options to challenge tis, your hands are tied – you cannot prevent the treatment you have received or challenge any dismissal or if you were forced to resign. All that is left for you is to raise any defence you believe is relevant and then hope for the best, ***** ***** it does not end up that way then you cannot legally take the matter further I’m afraid.
I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news from time to time. Please let me know if you need me to clarify anything.
Thank you for your honest answer Ben, my only defence for returning that night was to keep myself within legal legislation, because what he asked me to do could have had me either breaking the law or spending 2 days out in a waggon when my weekly rest started and if I was on the bay at the time then that bay would have been blocked for two days and no further deliveries could have been made. thank you for your time Ben regarding this matter.
you are welcome, all the best